An anticipatory bail application filed by two accused persons was dismissed. The bench held that the case was fit for the petitioners to appear before the Magistrate or Investigating Officer to seek regular bail in the normal course. This judgment records the dismissal of the anticipatory bail petition ordered on 25.03.2008.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT
TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930
Bail Appl..No. 1547 of 2008()
----------------------------Cr.NO.35/08 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT
: PETITIONERS/ACCUSED NO.2 & 3
BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI
RESPONDENTS: COMPLAINANT
STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, (CR.NO.35/08 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT), REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.JAI GEORGE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.BASANT, J
B.A.No.1547 of 2008
Dated this the 25th day of March, 2008
ORDER
Application for anticipatory bail. Petitioners are accused 2 and 3. Altogether there are 10 accused persons. Only the 1st accused was named in the F.I.R. Accused 2 to 4 had subsequently been brought on the array of accused in the course of investigation. The alleged incident took place on 12.01.08. The petitioners allegedly belong to the I.U.M.L. The victim allegedly belongs to the C.P.M. Political animosity is the alleged motive. The alleged incident took place on 12.01.08. The victim who was a passenger in a bus was dragged out of the bus and was allegedly attacked. Crime has been registered alleging offences punishable, inter alia, under Sections 324 and 308 r/w 149 I.P.C. The petitioners have not been arrested so far. Investigation is in progress. They apprehend imminent arrest.
B.A.No.1547 of 2008
2
13.02.08 in B.A.No.818 of 2008. I have adverted to facts in detail in the said orders. This order must be read in continuation of the said orders. I am hence not adverting to facts in any greater detail in this order.
B.A.No.1547 of 2008 3
(R.BASANT, JUDGE)
rtr/-
3 issues framed by the court
Whether anticipatory bail should be granted to accused persons who have not been arrested and face allegations of politically motivated assault.
Whether the petitioners are in a fit case to seek regular bail before the Magistrate or Investigating Officer instead of anticipatory bail.
The propriety of dismissing the application for anticipatory bail despite the petitioners not having been named in the FIR.
1 provisions across 1 enactments
MUHAMMED AJEER @ AJEER AND IQBAL P.
STATE (REP. BY HIGH COURT, ERNAKULAM)
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
